MONROE COUNTY ENVIRONMENTAL HEALTH/SANITARY CODE CHAPTER I - GENERAL PROVISIONS

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1 MONROE COUNTY ENVIRONMENTAL HEALTH/SANITARY CODE CHAPTER I - GENERAL PROVISIONS The provisions, rules, and regulations contained herein, together with duly enacted additions or amendments hereto, shall be known as the Monroe County Environmental Health/Sanitary Code. SECTION 100 JURISDICTION, ADMINISTRATION, FEES Authority By virtue of the power vested to the Board of Commissioners of Monroe County, as the local governing entity under Act 368 of the Public Acts of 1978, as amended, MCL et seq (Public Health Code), there are hereby provided regulations affecting public health, safety, and welfare, including the provisions for penalties for violation of said regulations Jurisdiction The Health Department shall have jurisdiction throughout Monroe County, including all cities, villages and townships, in the administration and enforcement of the Monroe County Environmental Health/Sanitary Code (the Code) and all other relevant public acts of the State of Michigan, including all regulations or amendments hereafter adopted, unless otherwise specifically stated. Nothing herein contained shall be construed to restrict or abrogate the authority of any municipality in Monroe County to adopt more restrictive ordinances, or to enforce existing ordinances, relating to the regulation, control or issuance of licenses or the renewal or revocation thereof, or to charge and collect a fee therefore; provided, that whenever inspection relating to health or sanitation is required, no such municipality shall issue or renew such license without first having obtained written approval from the Health Department indicating compliance with the requirements of the Environmental Health/Sanitary Code. Where public health protection issues arise, the Health Officer or designee may require additional criteria as conditions for permit issuances Enforcement All premises affected by the regulations of this Code shall be subject to inspection by the Health Officer, and the Health Officer may collect such samples for laboratory examination as he/she deems necessary for the enforcement of these regulations. The Health Officer may issue a decision, notice, or order regarding compliance or enforcement of the provisions of the Monroe County Environmental Health/Sanitary Code. The Health Officer may also issue a citation and assess a civil penalty to a person believed to have violated this Code or a decision, notice or order issued under the authority of this regulation Right of Entry and Inspection The Health Officer shall have the right to inspect or investigate premises or conditions at reasonable times and collect such samples for laboratory examination as he/she deems necessary for the enforcement of these regulations. If the Health Officer is refused entry or access to premises in the performance of his/her duty, the Health Officer shall seek access through the appropriate legal proceedings, including, but not limited to, a search warrant. 1

2 Criminal Penalty Any person who shall fail to comply with any provision herein, shall be deemed guilty of a misdemeanor and on conviction thereof said misdemeanor shall be punishable by a fine not exceeding the sum of two hundred dollars or by imprisonment in the county jail not exceeding ninety days, or by both such fine and imprisonment at the discretion of the court pursuant to MCL In the case of continuing violations, each day's violation shall constitute a separate offense. The Monroe County Prosecutor and the Michigan Attorney General, knowing of a violation of the Michigan Public Health Code, a rule promulgated under such Code or this Monroe County Environmental Health/Sanitary Code, may prosecute the violator pursuant to MCL (2) Injunctive Proceeding Notwithstanding the existence or pursuit of any other remedy, the Health Officer may maintain an action in a court of competent jurisdiction for an injunction or other process against any person to restrain or prevent violations of this regulation Interference with Notices No person shall remove, mutilate, or conceal any notice or placard posted by the Health Officer except by permission of the Health Officer Validity and Severability of Sections If any section, subsection, clause or phrase of these regulations is for any reason adjudged unenforceable, unconstitutional, or invalid, it is hereby provided that the remaining portions of these regulations shall not be affected thereby Repeal of Previously Adopted Codes This Code hereby repeals provisions of previously adopted regulations of the Board of Health and chapters of the Monroe County Environmental Health/Sanitary Code Savings Clause The repeal of any provision of any previously adopted regulations of the Monroe County Environmental Health/Sanitary Code shall not have the effect to release or relinquish any penalty, forfeiture, liability, or duty incurred under such regulation or chapter of any part thereof, unless this Code shall so expressly provide, and such regulation or chapter, or part thereof, shall be treated as still remaining in force for the purpose of instituting or sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture, liability, or duty Conflict of Ordinances Where any of the provisions of these regulations and the provisions of any other local or state ordinance apply, the more restrictive of any or all ordinances or regulations shall prevail. 2

3 Fee Schedule A schedule of fees for licenses, permits and other services authorized by this Code shall be adopted from time to time by the Monroe County Board of Commissioners, pursuant to Section 2444 of Act 368 of the Public Acts of 1978, as amended. Fees shall be made payable to the Monroe County Health Department. Said fee schedule shall be effective as prescribed therein and after approval by the Monroe County Board of Commissioners Late Processing Fee When permits are not obtained prior to the construction, alteration, or addition of any project, when said project requires a permit be issued under these regulations, or a temporary food license is not secured a minimum of ten days prior to the event or when an application for a license is not received prior to the expiration date of said current license, as per Act 368 of the Public Acts of 1978, as amended, and/or the provisions of these regulations, a fee which is double the standard fee for that permit or license as stated in the Health Department Fee Schedule shall be required. The payment of such double fee shall not relieve any persons from fully complying with the requirements of this Code in the execution of the work or operation, nor from any other penalties prescribed herein. In the event an emergency arises, a sewage disposal contractor, pump installer, or well driller may begin emergency repairs without a permit, and shall not be assessed the late processing fee if said contractor, pump installer, or well driller contacts the Monroe County Health Department by the end of the next regular business day Handling of Fees All fees collected by the Health Officer shall be receipted for and be deposited with the Treasurer of Monroe County for the general fund, to the credit of the Health Department Amendments The Board of Commissioners of Monroe County may, from time to time, amend, supplement or change these regulations, in accordance with Act 368 of the Public Acts of 1978, as amended Interchangeability When not inconsistent with the context, words used in the masculine form include the feminine, or the reverse; words used in the present tense include the future; words in singular number include the plural number, and words in the plural number include the singular Other Words or Terms The word "shall" is always mandatory, and "may" is merely permissive. Words or terms not defined herein shall be interpreted in the manner of their common meaning Right of Appeal Any person shall have the right of appeal from the decisions of the officials charged with the enforcement of these regulations to the "Environmental Health/Sanitary Code Board of Appeals", as provided for in these regulations. 3

4 Effective Date This Code and any additions thereto or amendments thereof shall take effect at the time specified by the Monroe County Board of Commissioners. SECTION 101 GENERAL DEFINITIONS Approved or Acceptable Suitable for the proposed use in accordance with the intent and purpose of this Code, as determined by the Health Officer, based on his/her own examination and evaluation, and/or on evidence of compliance with an applicable standard, specification, or criteria developed by a recognized agency Habitable Building or Dwelling Any permanent or temporary building or structure where persons reside, live, sleep, cook, work, congregate, or any combination thereof Health Department The Monroe County Health Department Health Officer The Health Officer/Director of the Monroe County Health Department or his/or her authorized representative Municipality Any incorporated city, village or township within the County of Monroe Nuisance The word "nuisance" shall be held to embrace public nuisance as known in common law or in equity jurisprudence; and whatever is dangerous to human life or detrimental to health; whatever building, structure, or premise is not sufficiently ventilated, sewered, drained, cleaned, lighted, or maintained, in reference to its intended or actual use; and whatever renders the air or human food or drink or water supply unwholesome, are also severally, in contemplation of this Code, and all such nuisances are hereby declared illegal Owner The owner or owners of the freehold of the premises or lessor estate therein, a mortgagee or vendee in possession of assigned rents, receiver, executor, lessee or other person, firm, or corporation in control of a building or premises, or their duly authorized agents. 4

5 Premise A lot, plot, or parcel of land including any buildings or structures thereon Person An individual, partnership, cooperative, association, private corporation, personal representative receiver, trustee, assignee, or any other legal entity Environmental Health/Sanitary Code Board of Appeals An independent board appointed by the Monroe County Board of Commissioners. 5

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7 MONROE COUNTY ENVIRONMENTAL HEALTH/SANITARY CODE CHAPTER II - MAINTENANCE OF HOUSING AND PROPERTY SECTION 200 JURISDICTION AND ADMINISTRATION Authority The provisions of this chapter shall apply to all structures, habitable buildings, and premises, including travel trailers and mobile homes, which are substandard with respect to conditions that may be deemed to constitute a nuisance to the health, safety, or welfare of their occupants and/or the general public Jurisdiction This regulation is applicable throughout the County of Monroe, except that a city, village, or township may elect to exempt itself by adopting and enforcing similar or more stringent standards. All buildings shall be constructed to meet applicable health and safety-related local, state and federal laws and regulations pertaining to building code and usage. SECTION 201 ENFORCEMENT Right of Entry The Health Officer shall have the right to investigate at reasonable times all complaints of non-compliance with regard to this regulation. If the Health Officer is refused access to the premises stated in the complaint, the Health Officer may seek access through the appropriate legal proceedings, including, but not limited to, a search warrant Notices and Orders Whenever the Health Officer finds that the condition, occupancy, or use of a habitable building violates any of the provisions of this regulation or finds that any other violation of this regulation exists or has occurred, he/she shall give notice of the violation to the person or persons responsible therefore. In addition to such other things as the Health Officer may consider appropriate, the notice shall: (a) (b) (c) (d) (e) Be in writing and state the date of the inspection and the name of the inspector who found the violation or violations; Include a description of the violation or violations and what must be done to correct the violation or violations; Order that the violation or violations be corrected within a specified, reasonable period of time, of at least 10 days, but not more than 90 days; Be delivered to the owner by personal service or by registered mail/return receipt requested, addressed to such owner at the address shown on the tax records; and If, 15 days or more after the date of the violation notice, one or more persons to whom notice is addressed cannot be found, service may be made upon the owner by posting said notice in or about the habitable building described in the notice. 7

8 Citation; Petition for Administrative Hearing Any person who has been issued a citation for violation of this Environmental Health/Sanitary Code, or a rule promulgated, regulation adopted, or order issued under this Environmental Health/Sanitary Code, may within 20 days after receipt of the citation, and consistent with MCL , petition the Health Department for an administrative hearing, before the Health Officer which shall be held within 30 days after the receipt of the petition. At the administrative hearing, the petitioner shall be permitted to present facts, reasons, and arguments in support of the request that the citation be dismissed or modified. Within 10 days following the close of the administrative hearing, the Health Officer shall issue his or her written decision. As a result of said hearing, the Health Officer may affirm, dismiss, or modify the citation. The decision of the Health Officer shall be final, unless within 60 days of a decision, the Monroe County Board of Commissioners, or a committee thereof, grants review of the citation Actions to Secure Compliance; Injunctions; Corrections of Violations (a) (b) (c) (d) (e) Actions by the Health Department: The Health Officer may institute an action in any court of competent jurisdiction for an injunction requiring an owner or occupant of a habitable building, or any other person responsible of any violation of this regulation, to abate or correct any violation of this regulation, or to comply with an order or notice of the Health Officer, or for such other relief as may be appropriate to secure continuing compliance with the provisions of this regulation. An action for injunctive relief hereunder may be brought in addition to or joined with any other sanctions and remedies for violations of the provisions of this regulation, except in a criminal prosecution. Actions by Owners or Occupants: An owner or occupant of any habitable building or any other person adversely affected by any violation of this regulation may bring an action in his/her own name in a court of competent jurisdiction to enforce the provisions of this regulation. Upon application, the Health Department may be joined with the complainant. Preliminary Injunction: In any action to enforce this regulation or to obtain compliance with a notice or order issued by the Health Officer, the court, on application of any of the parties or on its own motion, may issue a preliminary injunction to abate or correct violations of this regulation or to comply with a notice or order of the enforcing agency, or may grant such other preliminary relief as it may deem necessary to protect the health and safety of the occupants of a habitable building or other persons adversely affected by the violations until the entry of a final judgment or order. Service on Mortgages and Lienors: In addition to all persons who may be defendants in such an action, mortgagees and lienors of record with the Register of Deeds shall be served with a copy of the complaint and summons. The complainant shall also file a notice of the pendency of the suit in the office of the Register of Deeds of the County of Monroe. Relief to be Granted: The court, having obtained jurisdiction, shall make such orders and determinations as are consistent with the objectives of this regulation. Without limitation on the foregoing, the court may enjoin the continued existence of any violation of this regulation and may order the defendant to make such repairs or corrections as may be necessary to correct any violation. When an occupant is not the cause of any violation of this regulation and is a complainant, the court may authorize the occupant to correct the violation and deduct the cost thereof from his/her rent, upon such terms as the court determines to be just. Whenever the court shall find that an occupant is the cause of any violation of this regulation, the court may authorize the owner to correct the violation and assess the cost thereof against said occupant or said occupant's security deposit. 8

9 (f) Restriction on Demolition of Habitable Buildings: The court shall not order any habitable building to be demolished unless the cost of the repairs determined by the court to be necessary to bring the habitable building into compliance with this regulation shall be greater than the state equalized value of the habitable building. SECTION Unfit Dwellings CONDEMNATION OF UNFIT HABITABLE BUILDINGS, HABITABLE BUILDING UNITS, ROOMING UNITS AND PREMISES The designation of dwellings, dwelling units, rooming units and premises which shall be designated under this regulation as unfit for human habitation, shall constitute a declaration that the same constitutes a public nuisance and provisions for their vacation, removal, repair, condemnation or demolition shall be carried out in accordance with this regulation Unfitness Defined "Unfit for Human Habitation" Any dwelling or dwelling unit which shall have any of the following defects shall be deemed "unfit for human habitation": (a) (b) (c) (d) (e) One which has been damaged by fire, wind, floods, or other causes so as to have become dangerous to life, safety, or the general health and welfare of the occupants or the people of the County of Monroe; or One which, because of its condition, has become or, is so dilapidated, decayed, unsafe, unsanitary or which so utterly fails to provide amenities essential to decent living or are likely to cause sickness or disease or to work injury to the health, safety or general welfare of those living therein; or One which has parts thereof which are so attached that they may fall and injure members of the public or property; or One in which the owner or occupant fails to comply with orders of the Health Officer, based on the provisions of this regulation or on rules adopted pursuant thereto; or One which become vacant, dilapidated and open at doors or windows, leaving the interior of the building exposed to the elements or accessible to entrance by trespassers Procedure for Vacating If the owner or occupant fails to comply with orders of the Health Officer as specified in Section , the Health Officer shall deem the dwelling, dwelling unit, rooming units, and/or premises to be in violation of this regulation. When the Health Officer so deems the same to be in violation of this regulation and shall have given notice to the owner, occupant, or operator to correct said violation, and if upon re-inspection at the end of the time specified for compliance, it is found that the violation or violations have not been corrected and no petition for an administrative hearing before the Environmental Health/Sanitary Code Board of Appeals is pending, the Health Officer may order the dwelling, or the part thereof affected by the continued violations, vacated in accordance with the following procedures: (a) (b) Dwellings or parts thereof shall be vacated within a period of time not to exceed 30 days; Vacated dwellings shall be placarded at all entrances to indicate that the dwelling has been condemned; 9

10 (c) (d) Vacated dwelling or parts thereof shall not again be used for human habitation until all violations of this regulation have been corrected and written determination is obtained from the Health Officer indicating that the habitable building at said date complies with all the provisions of this regulation and that a certificate of occupancy has been received from the municipality; and If a dwelling or part thereof is not vacated within the time specified in the vacation order, the Health Officer may seek a court order in a court of competent jurisdiction for the vacation of said dwelling or part thereof notwithstanding the fact that such disobedience by the owner or occupant may also be punishable by fine or imprisonment, as hereafter provided in this regulation. SECTION 203 SPECIFIC DEFINITIONS Ashes Ashes means residue from the burning of combustible materials Dwellings (a) (b) (c) (d) One Family Dwelling is a building designed exclusively for one dwelling unit. Two Family Dwelling is a building designed exclusively for two dwelling units. Multi Family Dwelling is a building, or portion thereof, designed exclusively for occupancy by three or more families living independently of each other. Hotel is a building arranged or used for the sheltering and sleeping, for compensation, of more than 10 individuals. Dwelling Unit Dwelling unit means a building, or portion thereof, designed for occupancy by one family for residential purposes and having cooking facilities Extermination Extermination means the control and elimination of insects, rodents, or other pests by eliminating their harborage places; by removing or making materials inaccessible that may serve as their food; by poison, spraying, fumigating, trapping, or by any other approved pest elimination method Egress Egress means a place or means of going out (exit) Garbage Garbage is the animal and vegetable waste resulting from the handling, preparation, cooking, and consumption of food. 10

11 Habitable Room Habitable Room is a room or enclosed floor space arranged for living, eating, or sleeping purposes (not including bathrooms, water closet compartment, laundries, pantries, foyers, hallways and other accessory floor space) Harborage Harborage means any place where insects, rodents, vermin, or other pests can live, nest, or seek shelter Ingress Ingress means a place or means of entering Infestation Infestation means the presence within or contiguous to a structure or premises of insects, rodents, vermin, or other pests Manufactured Home Manufactured Home means a single-family manufactured living unit which is transported to a site as one or more modules, any of which is so constructed as to permit occupancy as a dwelling or sleeping place of one or more persons Motel Motel means the same as a hotel Occupant Occupant means any person over one year of age (including owner or operator) living and sleeping in a dwelling unit or having actual possession of said dwelling or rooming unit Operator Operator means any person who has charge, care, or control of a structure or premise that is let or offered for occupancy Permissible Occupancy Permissible Occupancy means the maximum number of persons permitted to reside in a habitable building unit or rooming unit as established by state law and/or municipal ordinances for minimum square foot living space requirements. 11

12 Plumbing or Plumbing Fixtures Plumbing or Plumbing Fixtures means water heating facilities, water pipes, gas pipes, garbage and disposal units, waste lavatories, bathtubs, shower baths, installed clothes washing machines, or other similar equipment, catch basins, drains, vents, or other similarly supplied fixtures, together with all connections to water, gas, sewer, or vent lines Premise Premise means a lot, plot, or parcel of land including any buildings or structures thereon Refuse Refuse means solid wastes, except body wastes, and including garbage, rubbish, ashes, street sweepings, and solid market and solid industrial wastes Refuse Container Refuse Container means a watertight container that is constructed of durable material impervious to rodents, insects, vermin, or other pests. Openings shall have tight-fitting covers or lids Rubbish Rubbish means combustible and non-combustible waste materials, except garbage, including ash, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, dust, and other similar materials Safety Safety means the condition of being free from danger and hazards that may cause accidents or disease Structure Structure means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground Supplied Supplied means installed, furnished, or provided by the owner, occupant, or operator Ventilation Ventilation means the process of supplying and removing air by natural or mechanical means to or from any space. 12

13 Yard Yard means an open unoccupied space on the same lot with a building. SECTION 204 RESPONSIBILITIES OF HOMEOWNERS AND OCCUPANTS Occupancy No owner or other person shall occupy or let to another person any dwelling or dwelling unit unless it and the premises are maintained in a clean and sanitary condition and comply with all the provisions of this regulation Shared and Public Areas Every owner of a habitable building containing two or more dwelling units shall maintain in a clean and sanitary condition the shared or public areas of the dwelling and premise thereof Refuse Containers Every owner of a habitable building containing two or more dwelling units shall supply approved and adequate refuse containers for the sanitary and safe storage of refuse. In the case of single-family dwellings, it shall be the responsibility of the occupant to furnish such refuse containers Removal from Premise All refuse containers shall be emptied and the contents removed at least once each week. The removal of refuse shall be the responsibility of the occupant unless otherwise provided for by the owner Cleanliness Every occupant of a building or part thereof shall keep that part of the building and the premises thereof which he/she occupies, controls, or uses in a clean and sanitary condition Disposal of Refuse Every occupant of a building or part thereof shall dispose of all his/her refuse in a clean and sanitary manner by placing it in the containers as provided in Section or by other methods approved by the Health Officer Maintained Clean and Sanitary All building facilities, including fixtures, shall be maintained in a clean and sanitary condition by the occupant so as not to create a condition dangerous or detrimental to public health. SECTION 205 ENVIRONMENTAL REQUIREMENTS - EXTERIOR No person shall occupy as owner-occupant, or let to another for occupancy, any structure or portion thereof which does not comply with the requirements of this regulation. 13

14 Sanitation All exterior areas of a premises shall be maintained in a clean and sanitary condition free from any accumulation of rubbish or garbage Noxious Weeds All exterior areas of a premises shall be kept free from species of weeds or plant growth that are noxious or detrimental to the public health Insect and Rodent Harborage Every owner of a structure or premises shall be responsible for the extermination of insects, rodents, vermin, or other pests in all exterior areas of the premises, except that the occupant shall be responsible for such extermination in the exterior areas of the premises of a single-family habitable building. Whenever an infestation exists in two or more dwelling units, extermination shall be the responsibility of the owner. Whenever an infestation exists in only one dwelling unit, the occupant shall be responsible for the extermination of rodents, insects, vermin and other pests. Notwithstanding the foregoing provisions, whenever infestation of rodents is caused by failure of the owner to maintain any habitable building or multi-family habitable building in a rodent-proof condition, extermination of such rodents, insects, vermin, and other pests shall be the responsibility of the owner Accessory Structure All accessory structures, including detached garages, shall be maintained structurally sound and in good repair Foundations, Walls and Roofs Every foundation, exterior wall, roof, and all other exterior surfaces shall be maintained in a workmanlike state of maintenance and repair and shall be kept in such condition as to exclude rodents, insects, vermin, and other pests Structural Safety Every outside stair, every porch, and every appurtenance attached thereto shall be so constructed as to be safe to use and capable of supporting the loads to which it is subjected and shall be kept in sound condition and good repair Handrails When the Health Officer deems it necessary for safety, every flight of stairs and porch shall have handrails. Each handrail shall be firmly fastened and shall be maintained in good condition and comply with local building codes Windows, Doors and Hatchways Every window, exterior door, and basement hatchway shall be substantially tight and shall be kept in sound condition and repair. 14

15 Exit Doors Every door acting as an exit shall be capable of being opened from the inside easily and without the use of a key. SECTION 206 ENVIRONMENTAL REQUIREMENTS - INTERIOR No person shall occupy as owner-occupant, or let to another for occupancy, any structure or portion thereof which does not comply with this regulation Sanitation The interior of every habitable building and structure shall be maintained in a clean and sanitary condition free from any accumulation of rubbish or garbage. Rubbish, garbage, and other refuse shall be properly kept inside temporary storage facilities as required under Sections , , , and of this regulation Structural Members The supporting structural members of every building shall be maintained structurally sound, showing no evidence of deterioration that would render them incapable of carrying the imposed loads Stairs and Railings All interior stairs and handrails as provided for in Section shall be maintained in sound condition and good repair Bathroom and Kitchen Floors Every toilet, bathroom, and kitchen floor surface shall be constructed and maintained so as to permit such floor to be easily kept clean and sanitary Insect and Rodent Harborage Buildings shall be kept free from rodents, insects, vermin, and other pest infestation, and where insects or rodents are found, they shall be promptly exterminated by acceptable processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent re-infestation Interior Walls, Ceilings, and Floors All interior walls, ceilings, and floors shall be structurally sound, in good repair, free from defects, and maintained clean. SECTION 207 BASIC FACILITIES The minimum sanitary facilities as specified in Sections through shall be provided and maintained in a sanitary, safe, and working condition. 15

16 Toilet and Bathing Facilities Every dwelling unit shall contain a toilet and bathtub and/or shower which are separate from the habitable rooms and which affords privacy Lavatory Every dwelling unit shall contain a lavatory that shall be in the same room or rooms, or immediately adjoined to the same room or rooms, which contain a toilet and bathing facilities Kitchen Sink Every dwelling unit shall contain a kitchen sink separate from the lavatory required under Section Water and Sewer System Every sanitary facility shall be properly connected to either a public water and sewer system or to an approved onsite water supply and sewage disposal system as provided in this regulation Heating Facilities Every dwelling shall have heating facilities, and the owner of the structure shall be required to see that they are properly installed, safely maintained, and in good working condition, and that they are capable of safely and adequately heating all habitable rooms, bathrooms, and toilet rooms located therein, to a temperature of at least an average of 68 o Fahrenheit at three feet above the floor level in all habitable areas during all seasons Adequate Ventilation Every habitable room shall have at least one window that can be easily opened or such other device as will adequately ventilate the room. Said window shall be adequately screened to prevent the entrance of flies and other vermin Cooking and Heating Equipment All cooking and heating equipment, components, and accessories in every heating, cooking, and water heating device shall be maintained free from leaks and obstructions and kept functioning properly so as to be free from fire, health, and accident hazards. SECTION Garbage and rubbish disposal GARBAGE AND RUBBISH DISPOSAL Garbage and rubbish shall be disposed of in a manner that does not create a nuisance or menace to health in accordance with the provisions of Part 115 of Act 451 of the Public Acts of 1994 as amended. Any person or property owner disposing of garbage or rubbish from his/her own household upon a premises under his/her control can dispose of such material as long as such disposal method does not create a nuisance or hazard to health. 16

17 Dumping refuse It shall be unlawful for any person to dump any refuse upon any street, alley premises, public or private, provided that the placing of leaves into the street shall be permitted where an organized pickup by the municipality having jurisdiction exists Transportation of garbage Vehicles used in the transportation of garbage and rubbish shall be so constructed and maintained so that no portion of the contents therefrom shall be deposited on or along any public street, alley, or highway. 17

18 MONROE COUNTY ENVIRONMENTAL HEALTH/SANITARY CODE CHAPTER III - WATER SUPPLIES SECTION 300 SPECIFIC DEFINITIONS Abandoned (a) A well which has its use permanently discontinued; (b) A well which is in such disrepair that its continued use for the purpose of obtaining groundwater is impractical; (c) A well which has been left uncompleted; (d) A well which is a threat to groundwater resources; and (e) A well that is or may be a health or safety hazard. All abandoned wells shall be plugged in accordance with Part 127 of Act 368 of the Public Acts of 1978, as amended Alternate Water Supply System Alternate Water Supply System means an onsite water supply system that is not a properly constructed onsite well, or a direct connection to a municipal public water supply. The onsite water supply shall meet applicable local, state, and federal health laws, regulations and standards Approved Construction Material Approved Construction Material means materials approved for construction of a well or water supply system in accordance with Part 127 of Act 368 of the Public Acts of 1978, as amended. Black steel pipe shall not be an approved construction material for a well or water supply system Approved Potable Water Supply Approved potable water supply means a drilled well or a municipal water supply Consecutive Water Samples Consecutive Water Samples means those samples taken by the Health Officer no less than eight hours apart and not more than 15 days apart Contaminated Water Supplies Unless otherwise provided for in these regulations, when at least two consecutive samples of water from an existing water supply show the presence of coliform said water supplies may be condemned by the Health Officer in writing until such supply is corrected as described in Section

19 Extensive Change Extensive Change means a change that requires the entire water system to meet the requirements of this regulation unless a variance is issued pursuant to the provisions of this Code. This shall include relocation of a similar pump, relocation of a buried suction or pressure line, replacing the entire casing, removing a casing from the ground, exposing a buried well head, installing a pitless adapter, changing screen elevations, deepening or plugging back a bedrock well, hydraulic fracturing of a well, installing a liner pipe, or changing aquifers Public Water Supply Waterworks system which provides water for drinking or household purposes to persons other than the supplier of water. Public water supplies are defined in Act 399, Public Acts of 1976, as amended: (a) (b) (c) Type I: All community supplies are classified as Type I public water supplies. Type II: All non-community supplies are classified as Type II public water supplies. 1) Type IIa: Type IIa public water supplies are Type II public water supplies with an average daily water production for the maximum month equal to or greater than 20,000 gallons per day. 2) Type IIb: Type IIb public water supplies are Type II public water supplies with an average daily water production for the maximum month of less than 20,000 gallons per day. Type III: All public water supplies which are not Type I or Type II public water supplies shall be classified as Type III public water supplies Water Supply System "Water Supply System means a well, pump, and pumping equipment to supply water to a single or two family dwelling and nonresidential facilities Well Well is defined as an opening in the surface of the earth for the purpose of: obtaining groundwater, monitoring the quality or quantity of groundwater, obtaining geologic information on aquifers, recharging aquifers, purging aquifers, utilizing the geothermal properties of earth formations or removing groundwater for any purpose. Wells as defined in this section shall include: (a) A water supply well used to obtain potable water for drinking and/or domestic purposes; (b) An irrigation well that is used to provide water for plants, livestock, filling of lakes or ponds, or other agricultural processes; (c) A heat exchange well used for the purpose of utilizing the geothermal properties of earth formations for heating or air conditioning; (d) An industrial well used to supply water for industrial processes, fire protection, or similar non-potable uses; (e) A test well used to obtain information on groundwater quantity, quality, or aquifer characteristics for the purpose of designing or operating a water supply well; (f) A recharge well used to discharge water into an aquifer; 19

20 (g) A dewatering well used to lower the groundwater level temporarily at a construction site; (h) A fresh water well at an oil or gas well drilling site. SECTION 301JURISDICTION AND ADMINISTRATION Jurisdiction These regulations apply to all water supply systems within Monroe County, excluding monitoring wells and Type I public water supplies State Laws and Regulations Onsite water supplies, groundwater supplies, well drillers, pump installers, and water haulers shall conform to the applicable requirements of Part 127 of Act 368 of the Public Acts of 1978, as amended and Act 399 of the Public Acts of 1976, as amended, and to the rules and regulations adopted pursuant to said Acts Approvals The Health Officer shall make such inspections or evaluations as deemed necessary to determine that a water supply system complies with the provisions of the Monroe County Environmental Health/Sanitary Code and Part 127 of Act 368 of the Public Acts of 1978, as amended Correction of Contaminated Water Supplies Unless otherwise provided for in these regulations, contaminated water supplies shall be disinfected, developed, repaired or plugged, in accordance with Part 127 of Act 368 of the Public Acts of 1978 as amended. In addition, to meet the requirements of release from condemnation, at least two consecutive water samples shall indicate coliform is not present in the water supply Immediate Health Hazard Contaminated water supplies that in the judgment of the Health Officer represent an immediate health hazard, shall be posted with suitable signs at each outlet, or the outlets shall be made inoperative Penalty Any person violating these regulations or any provision of these regulations shall be guilty of a misdemeanor as stated in Section of the Monroe County Environmental Health/Sanitary Code Water Supplies Required Every habitable building shall be provided with an approved potable water supply system from which a minimum of 8 gallons of water per minute measured after two hours of continuous pumping shall be available at all times to meet the needs of all the occupants of said building. 20

21 SECTION 302 WATER SUPPLY PERMITS Permit Required Prior to any new construction, or extensive change affecting the basic unit or the suction line on any water supply system covered by these regulations, the owner, well driller, or pump installer shall obtain a permit from the Monroe County Health Department except as provided for in Section The owner is responsible for supplying the necessary information which, in the judgment of the Health Officer, may consist of, but not be limited to, the location of the proposed onsite water supply, engineering drawings, maps, elevations of recorded or predicted floods, subsurface geological formations, locations of nearby sources of pollution, the intended use of the proposed water supply, and detailed plans of the proposed water supply system. A permit fee, as stated in the Health Department Fee Schedule, shall be made payable to the Monroe County Health Department. When a permit is required for an extensive change, the water supply system shall meet the construction requirements of Part 127 of Act 368 of the Public Acts of 1978, as amended and Act 399 of the Public Acts of 1976, as amended and to the rules and regulations adopted pursuant to said Acts Permits Issued by the Michigan Department of Environmental Quality If required under Act 399 of the Public Acts of 1976, as amended, and to the rules and regulations adopted pursuant to said Act, the owner, well driller, or pump installer is required to obtain a permit directly or exclusively from the Michigan Department of Environmental Quality, it shall not be a requirement to obtain a permit from the Monroe County Health Department. When the Monroe County Health Department issues a permit for the installation or alteration of a public water supply system, under an agreement, contract, or cooperative arrangement as stated in Act 399 of the Public Acts of 1976, as amended, said permit shall be issued in accordance with Section of these regulations Expiration of Permit Any permit issued pursuant to the requirements of this chapter shall be valid for the term of 12 months from the date of issuance, unless declared void as provided for in Section and no construction, alteration, and/or extension shall continue without renewal of said permit. Said permit shall not be transferable to any new owner or to another location on the same parcel of property or to a different location and/or owner at a different parcel of property. One 60-day permit extension may be granted providing the request for the extension is received in writing and prior to the expiration of said permit Priority Over Building Permits No city, village, township, or agency shall issue a building permit or otherwise allow commencement of construction of any premises where public water supplies are not available until a permit has first been obtained from the Health Officer for a water supply system. No city, village, township, or agency shall issue a building permit or otherwise allow commencement of construction of an addition or major alteration to an existing habitable building if a municipal water supply system is not available until approval for the continued use of the existing water supply system has been given by the Health Officer or until a permit has been issued by the Health Officer for the construction of a water supply system. 21

22 Stop Work Order - Void Permit When during construction, any new work or extensive change to an onsite water supply system is found in violation with the provisions of these regulations, the Health Officer may issue a stop work order by posting said notice at the site. Any valid water supply construction permit shall be declared void when a "Stop Work Order" is posted on the premises Alternative Water Supply System Permit If a water well cannot be constructed in compliance with the provisions of these rules regulations due to hydrogeological limitations, the Health Officer may authorize the use of an alternate water supply system. Plans and specifications including monitoring, operating, and maintenance for the alternate water supply system shall be reviewed and approved by the Health Officer. Prior to issuance of an alternative water supply system permit an affidavit shall be signed and recorded with the Monroe County Register of Deeds. The affidavit referred to in this section shall become null and void when the single or two family habitable building or nonresidential structure connects to a municipal water supply Alteration or Repair of Existing Buildings Permit Required All water supply systems shall conform to the minimum construction requirements of this regulation if the following applies to the building(s) being served by the system: (a) (a) (c) Reconstruction after existing structure is voluntarily demolished; or Reconstruction after fire or casualty destroys over 50% of the building; or Reconstruction of existing building that exceeds 50% replacement. 22

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24 MONROE COUNTY ENVIRONMENTAL HEALTH/SANITARY CODE CHAPTER IV - FOOD SERVICE SANITATION A regulation defining food, potentially hazardous food, food service establishment, mobile food unit, temporary food service establishment, regulatory authority, utensils, equipment, etc., providing for the sale of only sound, properly labeled food; regulating the sources of food; establishing sanitation standards for food, food equipment and utensils, food service personnel, food service operations, food protection, sanitary facilities and controls, and other facilities; requiring permits for the operation of food service establishments; regulating the inspection of such establishments; providing for the examination and condemnation of food; providing for incorporation by reference of the Michigan Food Law of 2000, as amended and any subsequent revisions of such law; and providing for the enforcement of this regulation. SECTION 400 JURISDICTION AND ADMINISTRATION General There is hereby incorporated by reference, and adopted as part of these regulations the following publications or portion of publications, three certified copies of which are on file at the Monroe County Health Department. Provisions of Act No. 92 of the Public Act of 2000 Michigan Food Law of 2000, approved May 8, 2000, effective November 8, 2000 as amended Penalties Any person who violates any of the provisions of this regulation shall be guilty of a misdemeanor as stated in Section of the Monroe County Environmental Health/Sanitary Code. 24

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26 MONROE COUNTY ENVIRONMENTAL HEALTH/SANITARY CODE CHAPTER V ONSITE SEWAGE DISPOSAL A regulation requiring approved onsite sewage disposal systems, establishing certain specifications and minimum standards for the installation of onsite sewage disposal systems; providing for the issuance and obtaining of permits; establishing licensing and bonding requirements for sewage disposal contractors. SECTION 500 SPECIFIC DEFINITIONS Approved "Approved" means acceptable for intended use as judged by the Health Officer, according to state and/or local rules, regulations, and technical data Alternative Method of Onsite Sewage Disposal Alternative Method of Onsite Sewage Disposal means a treatment and disposal system that is not a conventional system and provides for an equivalent or better degree of protection for public health and the environment either through uniform distribution of effluent to the final disposal system, enhanced treatment prior to final disposal, or combinations thereof Automatic Siphon An "automatic siphon" means a mechanical device which will automatically cause a liquid entering a receptacle to be retained until a predetermined high water level has been attained, after which it is automatically released from the receptacle until a second predetermined level has been reached, at which time the flow from such receptacle ceases until the high water level has again been attained Biochemical Oxygen Demand (BOD) Biochemical oxygen demand is a measure of the amount of oxygen needed by micro-organisms to break down solids and other readily degradable organic matter present in wastewater effluent, usually measured in mg/l or parts per million Contractor Contractor means an individual with a written contract to do a specific job, who performs services at a specified price, for the construction of onsite sewage disposal systems Conventional System A conventional system means an onsite sewage treatment and disposal system that contains a watertight septic tank with non-uniform distribution of effluent to subsurface soil trenches or an absorption bed. 26

27 Diversion Valve "Diversion valve" means a mechanism provided to enable a switching of the effluent flow from one soil absorption system to another separate absorption system so as to permit alternate periods of loading and resting Dosing Chamber "Dosing chamber" means a watertight tank or receptacle used for the purpose of retaining the overflow or effluent from a septic tank, pending its discharge to a selected point Effluent Filter Effluent filter means an approved device installed, either inside or outside the septic tank, on the effluent side, for the purpose of improving the quality of the effluent from the septic tank to the soil absorption system Filter Material "Filter material" means a medium of inert material or aggregate used in sewage disposal systems; e.g., washed gravel, stone, crushed rock, or other material, approved by the Health Officer Floodway A floodway includes the channel of a river or stream and the area adjacent to the channel that will carry moving water during times of flood. This is a high hazard portion of the floodplain Flush Toilet "Flush toilet" means a plumbing receptacle containing a portion of water, which receives human excreta and is designed to discharge the contents to an outlet connection by means of a flush of water Food Service Establishment Food service establishment means a fixed or mobile restaurant, coffee shop, cafeteria, short order café, luncheonette, grill, tearoom, sandwich shop, soda fountain, tavern, bar, cocktail lounge, nightclub, drive-in, industrial feeding establishment, private organization serving the public, rental hall, catering kitchen, delicatessen, theater, commissary, or similar place in which food or drink is prepared for direct consumption through service on the premises or elsewhere, and any other eating or drinking establishment or operation where food is served or provided for the public. 27